SECTION 1. The legislature finds that the
expanding use of cellular telephones has resulted in concerns over the
potential dangers of human exposure to electromagnetic radiation emitted by
cellular telephones. The legislature further finds that there is increased
concern about the long term effect of electromagnetic radiation exposure on
children and pregnant women. Consumers in the State must be made aware of the
potential health dangers that have been linked to the electromagnetic radiation
emitted by cellular telephones.

The purpose of this Act is to require all cellular
phones sold or leased by a retailer in the State to bear a label that warns
consumers of the potential dangers of electromagnetic radiation emitted by
cellular phones.

SECTION 2. The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:

"Chapter

CELLULAR
TELEPHONE LABELING

§ -1 Definitions. As
used in this chapter, unless the context otherwise requires:

"Cellular telephone" means a portable
wireless telephone device that is designated to send or receive transmissions
through a cellular radiotelephone service, as defined in title 47 Code of
Federal Regulations section 22.99.

"Refurbished cellular telephone" or
"remanufactured cellular telephone" means a used cellular telephone
that has been inspected, tested, repaired, and restored to full working
condition at a factory or authorized service center and made available for
resale.

"Retailer" means a person or business
that in the ordinary course of business, sells or leases, offers for sale or
lease, or otherwise distributes cellular telephones in the State.

§ -2 Labeling
requirements. (a) A retailer shall not wilfully or knowingly sell or
lease, offer for sale or lease, or in any other way, distribute a cellular
telephone in the State unless the cellular telephone bears a label that
contains the following warning in bold letters:

"This device emits
electromagnetic radiation, exposure to which may cause brain cancer. Users,
especially children and pregnant women, should keep this device away from the
head and body."

(b) The warning label required by subsection
(a) shall be:

(1) Conspicuous, legible, and nonremovable;

(2) Affixed to the front and the back of the
packaging of a cellular telephone; and

(3) Affixed to the back of the cellular telephone
such that the label occupies at least thirty per cent of the back surface of
the cellular telephone.

(c) The warning label required by subsection
(a) shall apply to all refurbished and remanufactured cellular telephones sold
or leased by retailers for profit in the State.

§ -3 Violations. Any
violation of this chapter shall constitute an unfair method of competition and
unfair and deceptive act or practice in the conduct of any trade of commerce
under section 480-2 and shall be subject to a civil penalty as provided in
section 480-3.1. Each cellular telephone sold in violation of this part shall
constitute a separate violation."

SECTION 3. This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

SECTION 4. This Act shall take effect upon its
approval.

INTRODUCED BY:

_____________________________

Report Title:

Cellular Telephones; Labeling Requirements

Description:

Requires all cellular telephones, including refurbished
and remanufactured cellular telephones, sold or leased by a retailer in the
State to bear a label that warns consumers of the potential dangers of
electromagnetic radiation emitted by cellular phones.

The
summary description of legislation appearing on this page is for informational
purposes only and is not legislation or evidence of legislative intent.